CHARLOTTE, N.C. — There are major proposed changes North Carolina law, as a result of an NBC Charlotte Defenders investigation.
Thursday afternoon, Senate Bill 199 passed both the House and the Senate. It impacts everything from child abuse cases to the safety of adult beverages. It comes after the NBC Charlotte Defenders team uncovered loopholes in current law, which make it difficult or impossible to enforce. NBC Charlotte began investigating after several reports of spiked drinks at the Epicentre in Uptown Charlotte last year.
The current law protects children around Halloween by making it illegal to put anything harmful in their candy, but the Defenders team found there are not the same protections against spiking someone’s drink. Soon that could change.
When NBC Charlotte brought the issue to State Representative Chaz Beasley, he quickly took action. He proposed changes to the law which are now reflected in SB 199. Rep. Beasley says the proposal would change part of the law typically referred to as “The Halloween Candy Statute”. The statute makes it a felony to tamper with food like a child’s Halloween candy, but the Defenders team found it does not include beverages.
NBC Charlotte uncovered loopholes in the law, after Leah McGuirk came forward with her story. She says her drink was spiked in the Epicentre last year.
“I started to blackout,” McGuirk previously said. “I decided I had to do something.”
Representative Beasley described what led to his proposed changes in SB 199.
“Inspired by Leah McGuirk’s story and your reporting,” Rep. Beasley said.
Representative Beasley says SB 199 would make it a felony to tamper with someone’s drink, as it already is illegal for food.
“Under current statute, it’s illegal to put something in someone’s candy or food, which is particularly appropriate that today is Halloween,” Rep. Beasley said. “What this would do is it would bring in specifically beverages.”
In September, a 22 year-old woman filed a police report saying someone put an unknown substance in her drink at a local bar. However, the Charlotte Mecklenburg Police Department told NBC Charlotte they were not pursuing criminal charges because there was no clear law against drink tampering in North Carolina.
“There are some statutes that have been rendered very difficult to enforce or largely unenforceable,” Rep. Beasley said.
NBC Charlotte spoke to Mecklenburg County District Attorney Spencer Merriweather about the issue earlier this year.
“Representative Beasley has done extraordinary work,” District Attorney Merriweather previously said. “Making it easier for district attorneys’ offices across our state to hold people accountable.”
“Now, there will be a statute that is clearly on point that they can use to prosecute people who drug other people’s drinks,” says Rep. Beasley.
SB 199 passed both the NC House and Senate and now moves onto the governor. If Governor Cooper signs it, it will become law.
A different Defenders investigation led to another part of SB 199 dealing with child abuse cases. It would change the definition of ‘caretaker’, so that DSS could investigate anyone caring for a child, not only a family member or someone living at the home.
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